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Facing Criminal Charges When You’re Innocent

July 19, 2017 |

criminal defenseNot every person facing criminal charges is guilty. Prosecutors are as prone to human error as anyone else and sometimes the case points to an innocent party, with no malice or ill-intent. However, regardless of intent in filing the charges, innocent parties need to know how to defend themselves in criminal cases where they are innocent. In some cases, they can even avoid going to trial by following a few legal tips.

Filing Decision

When a prosecutor first hears of a case, it’s more than likely a police report that has made its way onto their desk. In many cases, they will have the limited information in the police report to work with only, often with misstatements, lies by witnesses, or bias from the officers on the scene. The report could misrepresent a minor fact, such as exact wording, or have a completely inaccurate statement, such as one person being the attacker in an assault when it was self-defense.

Intervention Prior to Charges

Hiring an experienced criminal defense lawyer as soon as possible can lead to the best outcome. For instance, in some cases, intervention can happen before any charges are filed. The right lawyer will contact the arresting or investigating officer before the case gets to prosecution. Especially in less serious crimes, a defense lawyer has a better chance of explaining the incident before charges are filed, leading to an easier case for all parties involved.

Potential for Dismissal

Most commonly, even innocent defendants will have to wait until after charges are filed to have their criminal defense lawyer get involved. However, charges being filed does not necessarily mean a trial is imminent. When meeting with your lawyer, it’s important to go over every detail of the case, even if it seems unimportant. A good example of what many don’t realize is important is the history between the two people. If there have been issues created by the alleged victim that can be proven, the defendant could have a strong case for dismissal.

A good criminal defense lawyer will begin gathering evidence as soon as they are hired. Looking into the alleged victim’s criminal history or finding new witnesses for statements can be effective in dismissing a case before it ever goes to trial. Speaking with the prosecutor can also prove helpful. In some cases, the defendant’s lawyer can show how the events could not have possibly unfolded the way it has been described with new testimonies or other important information, such as the defendant not being at the place at the time of the act.

There are many ways to approach a criminal case when you are innocent, but a strong legal defense is the most important element. Contact our team at Malamut & Associates today for a strong defense that will prove your innocence.